The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

Contracts 52

Contracts Registration Designs Design 52

43(B)log

JANUARY 13, 2023

Meadow Gold Dairies Hawaii, LLC, 2023 WL 159907, No. 11, 2023) Plaintiff alleged that defendant MGD advertises and sells milk that is one hundred percent from cows outside of Hawai‘i. Was a false geographic origin claim one for false association, § 1125(a)(1)(A), or false advertising, § 1125(a)(1)(B)? 21-00460 LEK-WRP (D.

False Advertising 98

False Advertising Advertising Advertising Designs 98

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 120

IP Copyright Trademark Intellectual Property 120

The TTABlog

OCTOBER 2, 2023

TTABLog Test: Is "SUNSET SUSHI & Design" Confusable with "BANSHOO SUSHI BAR & Design" for Restaurant Services? [No] Specimen of Use/Nonuse/Illegal Use: TTAB Affirms Rejection of Specimen (Slide Presentation) for Oil Drilling Equipment as "Mere Advertising" Precedential No. Welch 2023.

Reporting 62

Reporting Trademark Registration Designs 62

LexBlog IP

JULY 5, 2023

On 28 June 2023, Coimisiún na Meán ( CnaM ) launched a consultation on the designation of video-sharing platform services ( VSPSs ) under the Online Safety and Media Regulation Act 2022 (the OSMR ), amending the Broadcasting Act 2009. It also requires Member States to ensure that VSPSs comply with advertising standards.

Designs 52

Designs Design Advertising Advertising 52

43(B)log

NOVEMBER 27, 2023

2023 WL 8006602, MDL No. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. In re SoClean, Inc.,

Advertising 59

Advertising Advertising Marketing Marketing 59

The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. January 10, 2023 - 1 PM: In re OptConnect Management, LLC , Serial Nos. January 12, 2023 - 2 PM: Ultrasun AG v. January 17, 2023- 1 PM: In re Nature Cravings Pet Treats LLC , Serial Nos.

Registration 57

Registration Advertising Advertising Designs 57

LexBlog IP

MAY 2, 2023

Last week , the European Commission (the Commission ) adopted the first designation decisions under the Digital Services Act ( DSA ) which designated certain services as Very Large Online Platforms ( VLOPs ) and / or Very Large Online Search Engines ( VLOSEs ) in accordance with Article 33(4) of the DSA.

Designs 52

Designs Design Reporting Advertising 52

Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. As a result of the testing, EL made a number of tweaks to the design, including the connection mechanism and also determining the best force / elongation parameters for safety and comfort. By November 2019, EL was satisfied with the design. What do you think?

Patent Law 78

Patent Law Law Patent Patent Application 78

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

43(B)log

SEPTEMBER 6, 2023

LLC, 2023 WL 5229803, No. 15, 2023) Lokring sells fittings for pipes and other transfer systems for fluids and gases, as well as tools used to install them. Its head of product development testified that the thin cross section had, as designed, worked acceptably for over 25 years. Shepard & Assoc., Lokring Tech.,

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. 88941388 (May 22, 2023) [not precedential] (Opinion by Judge Thomas W. indicates that the design is not de jure functional.'" Wellington).

Designs 52

Designs Design Design Patent Advertising 52

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. In Abitron Austria GmbH et al v. Rothschild is appealing.

Trademark 52

Trademark Registration Branding Brands 52

43(B)log

DECEMBER 15, 2023

2023 WL 8634803, No. 13, 2023) Vericool alleged that Igloo falsely claimed that its “Recool” biodegradable cooler was the first of its kind. were not designed to protect originality or creativity.” “Yet Yet that is precisely what Plaintiff seeks to protect in this case: the originality and novelty of its own cooler design.”

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

43(B)log

JANUARY 27, 2023

3d -, 2023 WL 371035, No. 24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair Inc., 1:21-12063-PBS (D.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

DECEMBER 18, 2023

2023 WL 8697700, No. The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector. Simpson Strong-Tie Co. 20-cv-06957-VKD (N.D.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. 91268870 (December 21, 2023) [not precedential] (Opinion by Judge Christen M.

Designs 70

Designs Design Marketing Marketing 70

43(B)log

NOVEMBER 27, 2023

Design Gaps, Inc. Hall, 2023 WL 8103156, No. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for a design studio that was part of Design Gaps’ main competition, Peters.

Copying 59

Copying False Advertising Designs Design 59

43(B)log

JULY 24, 2023

2023 WL 4681569 , No. But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. According to Defendant’s internal memoranda, the advertising campaign was designed to “optimally position Onpro in [the] face of biosimilar competition.”

False Advertising 92

False Advertising Advertising Advertising Marketing 92

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

APRIL 17, 2023

LLC, 2023 WL 2933464, No. 13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court. Quincy Bioscience, LLC v. BRYK Enters., 22-cv-658-jdp (W.D.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

LexBlog IP

AUGUST 23, 2023

. (“Palacio del Rio”) sought two registrations for the river-side view and street-side view of its modular designed building for hotel services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? See Figure 2.

Designs 52

Designs Design Advertising Advertising 52

The TTABlog

NOVEMBER 17, 2023

92078038 (November 14, 2023) [not precedential[ (Opinion by Judge Jonathan Hudis). With regard to registrant's advertising, the Board found that "[n]early all of the graphical and textual matter on Respondent’s product packaging. Trevari Media, LLC v. Laurent Colasse , Cancellation No.

Registration 67

Registration Designs Design Advertising 67

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers. reportAd: {.

Designs 52

Designs Design Law Contracts 52

The TTABlog

AUGUST 10, 2023

90006864 (August 8, 2023) [not precedential] (Opinion by Judge Michael B. Furthermore, its advertising showing pictures of the product did not inform consumers that the product design is a source indicator. Welch 2023. In re Exhart Environmental Systems, Inc. Is that what these things are supposed to do?

Advertising 52

Advertising Advertising Registration Designs 52

Olartemoure Blog

MAY 30, 2023

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. It controls an important gateway for business users toward final consumers.

Marketing 98

Marketing Marketing Designs Design 98

BYU Copyright Blog

JULY 3, 2023

On April 10, 2023, Pawel Libera (“Libera”) filed a Complaint against the NEW YORK PREPARATORY SCHOOL, INC. DBA THE DWIGHT SCHOOL (“NYPSI”) for copyright infringement.Libera is the owner of Libera Design and is a professional photographer, he specializes in tourism advertising as well as motion-controlled-time lapse.

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The IPKat

AUGUST 7, 2024

Revolt Zycling , UPC_CFI_177/2023. myStomer tried to include Austria in the injunction too by way of a rectification of the order but this request was dismissed on 30 June 2023. Eurobike 2023" is an important leading trade fair that has considerable relevance for the entire industry. EUR for each contravention.

Cease and Desist 101

Cease and Desist Art Patent Advertising 101

The TTABlog

MARCH 20, 2023

92070774 (March 13, 2023) [not precedential] (Opinion by Judge Angela Lykos). referred to as the "Ridge Designs"). In other words, the issue is whether the designs of both safety helmets work better in the configurations at issue. ERB Industries, Inc. Cancellation No. In re Morton-Norwich Prods.,

Registration 68

Registration Advertising Advertising Designs 68

IP and Legal Filings

FEBRUARY 15, 2024

While the data provided by individuals are handled safely by the industry, yet, there exists an apprehension that sharing data could be misused and will lead to a flood of advertisements as based on the interests of individuals or even to potential fraud and scams.

Privacy 103

Privacy Social Media Advertising Advertising 103

BYU Copyright Blog

JUNE 3, 2024

Boyages alleges that the University knowingly and unlawfully used an art-designed logo (logo or art design) created by the Plaintiff without her authorization or license and is therefore entitled to damages and monetary relief according to 17 U.S.C. In her complaint, Ms. Complaint pg. According to Ms. Even if Ms. We have yet to see.

Copyright 52

Copyright Art Social Media Designs 52

The IPKat

AUGUST 19, 2024

Background “Habanos” (Spanish for “from Havana”) is a Cuban designation of origin (DO) [a type of geographical indication, GI, if this Kat may simplify this] for cigars that are produced in the entire territory of Cuba. This has prompted this Kat to comment on the OLG Munich’s ruling in Habana II, which is now final. Generic character (paras.

Art 107

Art Designs Design Advertising 107

The TTABlog

SEPTEMBER 15, 2023

88737597 (September 12, 2023) [not precedential] (Opinion by Judge Thomas W. As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. In other words, the design is not 'essential to the use or purpose' of the polishing pads." Wellington).

Designs 70

Designs Design Advertising Advertising 70

TorrentFreak

JANUARY 3, 2024

Whether that’s by choice or design isn’t clear but a lecture from someone who earns more in a day than many fans do in a year could be even more disastrous than it sounds. ” It contains over 400 domain names and, according to metadata, was last updated on December 26, 2023.

Advertising 109

Advertising Advertising Reporting Copyright Infringement 109

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Design 52

Design Designs Trademark Copyright 52